McDougal v. People's Savings Bank
Mississippi Supreme Court
Appeal from the Chancery Court of Lauderdale County. Hon. Sylvanus Evans, Chancellor. On the 22d of July, 1871, L. A. Ragsdale leased to Elizabeth S. McDougal for an indefinite period a certain lot in the town of Meridian, to beheld upon payment of an annual rent, or to be forfeited in default of such payment, ivhieh should give the lessor the right to re-enter and re-let the premises.
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Appeal from the Chancery Court of Lauderdale County. Hon. Sylvanus Evans, Chancellor. On the 22d of July, 1871, L. A. Ragsdale leased to Elizabeth S. McDougal for an indefinite period a certain lot in the town of Meridian, to beheld upon payment of an annual rent, or to be forfeited in default of such payment, ivhieh should give the lessor the right to re-enter and re-let the premises. On the 26th of February, 1876, Mrs. McDougal and her husband, W. C. McDougal, obtained from the People’s Savings Bank, of Meridian, four hundred and forty-five dollars, for which they gave their joint…
1Opinion of the CourtCooper, J.
There is a conflict of evidence upon the point whether the debt due on the compromise with Ramsey was the debt of the appellant or that of her husband. The Chancellor has evidently found it to-have been appellant’s debt, and we approve this decision. The debt or charge which existed in favor of Ragsdale for the unpaid rent was neither the debt of the husband nor of the appellant. The husband had no sort of connection with the contract from which it arose, and the complainant, being a married woman, did not have-capacity to contract the obligation so as to charge her separate-estate with its…
2Cases cited1 opinion
- Chandler v. MorganMississippi Supreme Court · 1882
3Cited by2 opinions
- Walker v. RossMississippi Supreme Court · 1888
- Sevier v. MinnisMississippi Supreme Court · 1893